This case involves the relationship of the Uniform Criminal Extradition Act, General Statutes §§ 54-157 through 54-185, and the Interstate Agreement on Detainers, General Statutes §§ 54-186 through 54-192. The precise question presented by this appeal is whether, if we assume that the plaintiff has properly invoked his rights under the agreement on detainers, the failure of the charging state to bring him to trial within the time limit prescribed by the detainer agreement precludes that state from invoking the provisions of the extradition act. The short answer to that question is "no."
In 1977, the plaintiff was being held in custody in the federal correctional institution at Danbury, Connecticut. On September 6, 1977, the commonwealth of Virginia filed a detainer with the prison authorities at Danbury notifying them of an outstanding escape charge. When the plaintiff learned of the detainer he contacted Robert Flynn, an official in the records department at Danbury, and orally requested Flynn to send a notice to Virginia seeking prompt disposition of the escape charge pursuant to the Interstate Agreement on Detainers, 18 U.S.C. App. (1976), pp. 1395-98; Va. Code § 53-304.1. Flynn refused to send the notice and told the plaintiff to file his own motion for a
The Virginia authorities took no action on the pending escape charge against the plaintiff until he had completed his federal sentence and was released from federal custody on September 1, 1978. At that time, he was arrested on a fugitive warrant issued by the commonwealth of Virginia and thereafter was held under a rendition warrant issued by the governor of this state as a result of a requisition made upon him by the governor of Virginia. The plaintiff filed a habeas corpus petition which, after an evidentiary hearing, was dismissed and this appeal followed. While the trial court dismissed the petition for failure of the plaintiff to satisfy the notice requirements of the agreement on detainers, the view we take of this case makes it unnecessary for us to reach that issue.
The extradition clause of the constitution of the United States, article four, § 2, cl. 2, provides: "A person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be
In sum, while both the extradition clause and the extradition act contemplate the prompt return of a fugitive from justice as soon as the state from which he fled demands him and, to assure such return, preclude the asylum state from engaging in a plenary review of the charge; Michigan v. Doran, supra, 289-90; Sweeney v. Woodall, 344 U.S. 86, 73 S.Ct. 139, 97 L. Ed. 114 (1952), reh. denied, 344 U.S. 916, 73 S.Ct. 332, 97 L. Ed. 702 (1953); this does not mean that the asylum court is merely a clerical functionary in extradition matters. To the contrary, in the limited area within which it operates, the judicial authority of the asylum court is undiminished. See Ross v. Hegstrom, supra, 410. This brings us to the heart of the issue in this case, namely, the applicability and effect of the detainer agreement.
The detainer agreement is an interstate compact
The detainer agreement contains two trigger mechanisms. The provisions of the agreement itself are activated only when the receiving or charging state lodges with the sending or asylum state a detainer based on a pending indictment, information or complaint. People v. Lincoln, 42 Colo. App. 512, 514, 601 P.2d 641 (1979); Burns v. State, 578 S.W.2d 650, 652 (Tenn. Crim. App. 1978). At that point the time clock can be activated by the detainee, under article III, or by the prosecuting authority in the charging state, under article IV. In this case, the applicable provision is article 111.
The detainer agreement sets forth specific sanctions for failure of the charging state to bring the detainee to trial within the prescribed time limits. First, the pending charge is nullified. Second, the charge is required to be dismissed with prejudice
Under article V (c), in cases of refusal or failure of the charging state to accept temporary custody of the detainee, "the appropriate court of the jurisdiction where the indictment, information or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force and effect." Thus, a fair reading of the detainer agreement leads inexorably to the conclusion that remedial relief under the agreement must be sought in the charging state, in this case in the commonwealth of Virginia.
Even when the plaintiff's situation is viewed in light of the purposes to be served by the agreement, the charging state is the appropriate jurisdiction for remedial relief. Any relief granted by the
Finally, we note the practice of courts in charging states routinely to dismiss with prejudice underlying charges against prisoners whose custodians have failed to comply with the procedural requirements
There is no error.
In this opinion the other judges concurred.
"(a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of the imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within one hundred eighty days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information or complaint; provided that for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.
"(b) The written notice and request for final disposition referred to in paragaph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections or other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.
"(e) The warden, commissioner of corrections or other official having custody of the prisoner shall promptly inform him of the source and contents of any detainer lodged against him and shall also inform him of his right to make a request for final disposition of the indictment, information or complaint on which the detainer is based.
"(d) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of correction or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner's written notice, request, and the certificate. If trial is not had on any indictment, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.
"(e) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and a waiver of extradition to the receiving state to serve any sentence there imposed upon him, after completion of his term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law.
"(f) Escape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in paragraph (a) hereof shall void the request."